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A BILL TO BE ENTITLED
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AN ACT
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relating to access to criminal history record information by |
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certain hospitals and other facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.136(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) A public or nonprofit hospital or hospital district is |
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entitled to obtain from the department criminal history record |
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information maintained by the department that relates to a person |
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who is: |
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(1) an applicant for employment or a volunteer |
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position with the hospital or district; |
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(2) an employee of or a volunteer with the hospital or |
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district; [or] |
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(3) an applicant for employment with or an employee of |
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a person or business that contracts with the hospital or district; |
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or |
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(4) a student enrolled in an educational program or |
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course of study who is at the hospital or a hospital owned or |
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operated by the district for educational purposes. |
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(d) The public or nonprofit hospital or hospital district |
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may dismiss a person or deny a person employment or a volunteer |
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position or refuse to allow a person to work in a hospital or |
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district facility if: |
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(1) the person fails or refuses to provide information |
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described by Subsection (c); or |
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(2) the person's criminal history record information |
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reveals a conviction or deferred adjudication that renders the |
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person unqualified or unsuitable for employment or a volunteer |
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position or to be present at a hospital for educational purposes. |
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SECTION 2. Section 411.1387, Government Code, is amended by |
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amending Subsections (b), (c), and (e) and adding Subsection (b-1) |
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to read as follows: |
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(b) A [facility,] regulatory agency[, or private agency on
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behalf of a facility] is entitled to obtain from the department |
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criminal history record information maintained by the department |
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that relates to a person who is: |
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(1) an applicant for employment at or an employee of a |
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facility other than a facility licensed under Chapter 142, Health |
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and Safety Code; or |
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(2) an applicant for employment at or an employee of a |
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facility licensed under Chapter 142, Health and Safety Code, if the |
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duties of employment involve direct contact with a consumer in the |
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facility. |
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(b-1) A facility or a private agency on behalf of a facility |
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is entitled to obtain from the department criminal history record |
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information maintained by the department that relates to a person |
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who is: |
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(1) an applicant for employment with, an employee of, |
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or a volunteer with the facility; |
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(2) an applicant for employment with or an employee of |
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a person or business that contracts with the facility; or |
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(3) a student enrolled in an educational program or |
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course of study who is at the facility for educational purposes. |
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(c) A facility may: |
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(1) obtain directly from the department criminal |
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history record information on a person [an applicant or employee] |
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described by Subsection (b-1) [(b)]; or |
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(2) authorize a private agency to obtain that |
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information from the department. |
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(e) Criminal history record information obtained by a |
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facility, regulatory agency, or private agency on behalf of a |
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facility under Subsection (b) or (b-1) may not be released or |
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disclosed to any person or agency except on court order or with the |
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consent of the person who is the subject of the information. |
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SECTION 3. Section 250.002, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) A [facility, a] regulatory agency or[,] a financial |
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management services agency on behalf of an individual employer[, or
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a private agency on behalf of a facility] is entitled to obtain from |
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the Department of Public Safety of the State of Texas criminal |
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history record information maintained by the Department of Public |
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Safety that relates to a person who is: |
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(1) an applicant for employment at a facility other |
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than a facility licensed under Chapter 142; |
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(2) an employee of a facility other than a facility |
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licensed under Chapter 142; |
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(3) an applicant for employment at or an employee of a |
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facility licensed under Chapter 142 whose employment duties would |
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or do involve direct contact with a consumer in the facility; or |
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(4) an applicant for employment by or an employee of an |
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individual employer. |
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(a-1) A facility or a private agency on behalf of a facility |
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is entitled to obtain from the Department of Public Safety of the |
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State of Texas criminal history record information maintained by |
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the Department of Public Safety that relates to a person who is: |
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(1) an applicant for employment with, an employee of, |
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or a volunteer with the facility; |
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(2) an applicant for employment with or an employee of |
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a person or business that contracts with the facility; |
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(3) an applicant for employment by or an employee of an |
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individual employer; or |
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(4) a student enrolled in an educational program or |
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course of study who is at the facility for educational purposes. |
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(b) A facility may: |
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(1) pay a private agency to obtain criminal history |
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record information for a person [an applicant or employee] |
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described by Subsection (a-1) [(a)] directly from the Department of |
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Public Safety of the State of Texas; or |
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(2) obtain the information directly from the |
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Department of Public Safety. |
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SECTION 4. Section 411.081(i), Government Code, is amended |
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to read as follows: |
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(i) A criminal justice agency may disclose criminal history |
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record information that is the subject of an order of nondisclosure |
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under Subsection (d) to the following noncriminal justice agencies |
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or entities only: |
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(1) the State Board for Educator Certification; |
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(2) a school district, charter school, private school, |
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regional education service center, commercial transportation |
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company, or education shared service arrangement; |
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(3) the Texas Medical Board; |
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(4) the Texas School for the Blind and Visually |
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Impaired; |
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(5) the Board of Law Examiners; |
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(6) the State Bar of Texas; |
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(7) a district court regarding a petition for name |
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change under Subchapter B, Chapter 45, Family Code; |
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(8) the Texas School for the Deaf; |
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(9) the Department of Family and Protective Services; |
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(10) the Texas Youth Commission; |
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(11) the Department of Assistive and Rehabilitative |
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Services; |
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(12) the Department of State Health Services, a local |
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mental health service, a local mental retardation authority, or a |
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community center providing services to persons with mental illness |
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or retardation; |
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(13) the Texas Private Security Board; |
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(14) a municipal or volunteer fire department; |
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(15) the Texas Board of Nursing; |
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(16) a safe house providing shelter to children in |
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harmful situations; |
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(17) a public or nonprofit hospital or hospital |
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district, or a facility as defined by Section 250.001, Health and |
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Safety Code; |
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(18) the Texas Juvenile Probation Commission; |
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(19) the securities commissioner, the banking |
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commissioner, the savings and mortgage lending commissioner, the |
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consumer credit commissioner, or the credit union commissioner; |
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(20) the Texas State Board of Public Accountancy; |
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(21) the Texas Department of Licensing and Regulation; |
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(22) the Health and Human Services Commission; |
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(23) the Department of Aging and Disability Services; |
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(24) the Texas Education Agency; |
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(25) the Guardianship Certification Board; |
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(26) a county clerk's office in relation to a |
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proceeding for the appointment of a guardian under Chapter XIII, |
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Texas Probate Code; |
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(27) the Department of Information Resources but only |
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regarding an employee, applicant for employment, contractor, |
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subcontractor, intern, or volunteer who provides network security |
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services under Chapter 2059 to: |
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(A) the Department of Information Resources; or |
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(B) a contractor or subcontractor of the |
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Department of Information Resources; |
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(28) the Court Reporters Certification Board; |
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(29) the Texas Department of Insurance; and |
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(30) the Teacher Retirement System of Texas. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |